Lucia Serena Rossi

The Principle of Equality Among Member States of the European Union

The present chapter is aimed at reconstructing the evolution of the principle of equality among EU Member States, a principle first introduced by the Constitutional Treaty and now reaffirmed by the Treaty of Lisbon (Article 4(2) TEU). The research is divided into two parts, the first one analyzing the relation between equality and sovereignty and the second addressing the way the principle of equality among Member States relates to the principles of sincere cooperation, national identity and solidarity that, as we will see, influence the idea of equality itself. In summary, we will see whether the relations among the Member States of the European Union can be framed by the idea of equality among States as it was developed in international law or whether that idea should rather be reshaped in light of the Union’s supranational nature.

Economic and Monetary Policies as Essential Elements of the EU Constitutional Debate

Until not so many years ago, the EU economic and the monetary policies were quite snubbed fields of research by the majority of the legal doctrine, although with some excellent exceptions. The same two policies are today at the core of a wide constitutional debate, which involves essential issues such as democracy, fundamental rights, national sovereignty and institutional competences.

A New Revision of the EU Treaties After Lisbon

This chapter assesses the need for a revision of the Treaty of Lisbon. I start out by arguing that a revision should address economic, institutional, and constitutional issues. I then analyse the different revision instruments introduced by the Lisbon Treaty. This will make it possible to understand what procedures may be required to amend the existing Treaties in crucial areas. Finally, I explore the possibility of revisions on a smaller scale, as a means of differential integration.

An Evolving “Rule of Reason” in the European Market

From a general point of view, it can be argued that legal reasoning encompasses the concept of reasonableness, since the establishment of a set of rules necessarily entails that a margin of flexibility be allowed. Such a margin may take one of several forms, ranging from exceptions and derogations to exemptions. Either way, the legislator, the executive, or the judiciary will have to make a determination by comparing and weighing different competing values. As far as competition law is concerned, the so-called “rule of reason,” a concept of elasticity making it possible to establish exceptions to a rigid rule, was developed in U.S. antitrust law long before the creation of the European Union. The aim of this paper is to determine whether this concept can play a role in the EU internal market, and to this end we will consider if, and how, it has been applied in that context. In responding to this legal conundrum, we will carry out a comparative analysis of two distinct areas of application, namely, the market rules dealing with competition and those on the free movement of goods, persons, services, and capital. As a starting point, however, a few introductory remarks will be made on the rule of reason in its American and European settings. In fact, considering that this rule was initially conceived under U.S. antitrust law, it is appropriate to discuss the U.S. system, drawing the necessary analogies with the European system and highlighting the inevitable differences.